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Am I Shit Outta Luck?

post #1 of 17
Thread Starter 
My family and I rent a house in the Orlando area. Orange County recently (this past year) passed some ordinance that underground heating oil tanks needed to be removed. Without our knowledge, our landlady scheduled for an Arthur Environmental Group to come in and remove the tank.

What she (and we) wasn't aware of... our year's worth of oil (purchased in Feb) was also in the tank. She assumed, because we have a secondary tank, that everything is ok. Now a few weeks back, when the temperature dropped to the 40's overnight, I discover my heat doesn't work. Knowing that I had bought enough oil to last till Feb, I investigate and find the aboveground tank empty. The contractor's information isn't listed anywhere and it took awhile for my landlady to get the #'s to me. When I finally got a hold of them, they told me this never happens, and that there's no recourse we can pursue, and that our landlady should have let them know about the oil (the guy took a real rude tone with me, basically letting me know that Shit Happens).

Our oil was disposed of (instead of being transferred) and I have had to purchase more oil to replace it. Is the contractor liable? My landlady? Am I shit outta luck? Sounds like a major communication problem between the contractor and my landlady and from my landlady to us, but I'm furious about this.
post #2 of 17
How much scratch are we talking here?
post #3 of 17
Dude, that was our two weeks of winter. If you needed heat for the two or three hours at night it actually got cold, you need to move further south!
post #4 of 17
I would think the landlord would be responsible since she authorized the service. Since you were responsible for the purchase of heating oil, and she made the change without informing you, it should be easy to go to small claims and get the money back. Unfortunately, the contractors, no matter how rude, were only doing the job they were hired to do. But in the end their contract was with her, same as you, so that is where you need to go for possible compensation.
post #5 of 17
Thread Starter 
Quote:
Originally Posted by Moltisanti
How much scratch are we talking here?
About $200.
Quote:
Originally Posted by Richard Dickson
Dude, that was our two weeks of winter. If you needed heat for the two or three hours at night it actually got cold, you need to move further south!
It's mainly for my daughter. She's 3 and it gets chilly at that end of the house, especially overnight in Jan-Feb. Sometimes footy pajamas and extra blankets don't cut it, when it can get down to freezing temps. I wouln't feel safe about area heaters in her room either.
post #6 of 17
You probably could sue the landlady but for $200 I'd let it go. Not worth the hassle.
post #7 of 17
Get a portable oil heater.
post #8 of 17
Cold is when you sneeze ice darts.
post #9 of 17
Is your landlady a reasonable person? She may be willing to knock $200 off next month's rent, or maybe meet you halfway and go for $100.

In the meantime, cut open your tauntaun.
post #10 of 17
Heating oil tanks are still widespread? Wow.
post #11 of 17
Thread Starter 
Quote:
Originally Posted by Overlord
Heating oil tanks are still widespread? Wow.
Well, in FL, when you only need heat over night over a period of 2 months or so...

Course, why the house doesn't have electric heat is beyond me. Built in '66?

And no, my landlady isn't really reasonable. She always insists that maintenance is my responsibilty and has threatened to raise my rent, because I get such a good deal in my neighborhood.

Guess I'm gonna have to eat it. Wasn't planning on this extra expense right now. Shit.
post #12 of 17
You can cover yourself in lard, petroleum jelly, or saran wrap. It will keep you warm.
post #13 of 17
Thread Starter 
Quote:
Originally Posted by billylove
You can cover yourself in lard, petroleum jelly, or saran wrap. It will keep you warm.
I like the tauntaun idea better.

Now where's my landlady?
post #14 of 17
So your land lady is a tauntaun?
post #15 of 17
Quote:
Originally Posted by DARKMITE8
And no, my landlady isn't really reasonable. She always insists that maintenance is my responsibilty and has threatened to raise my rent, because I get such a good deal in my neighborhood.
Unless that's in your lease she's incorrect. Maintenance is the landlord's responsibility. And If your lease is yearly, I'd plan to line up some alternative housing and send her letter telling her she owes you $200.00 (provide a copy of the receipt) and withhold it from next months rent. Let her take you to court over it instead of the other way around

Unless, of course, you really do get a substantially lower rent for a neighborhood you like. If that is the case, keep your mouth shut and consider the $200.00 a maintenance fee.
post #16 of 17
Thread Starter 
We're on a month-to-month now, but she doesn't want to be bothered with making repairs, etc. She even told me at one point that I'm welcome to make any changes I want to within reason (re-painting, etc), because she just plans on completely renovating or tearing the place down after I move out.

She told my wife (who called about leaking pipes) that we should call a plumber and take care of it ourselves because we're getting such a good deal on the rent. There are other houses in the neighborhood that are going for $200-400 a month more, but they are also vacant, and have been.

We were also lucky enough to find a large enough place that would allow pets (finding a place for a 70lb 1/2 Rottie wasn't easy) without a pet deposit or fee, but did I also mention that the ancient AC (I think it's original) brings my electric bill up to nearly $600 in August?

Ugh. Rent's expensive in Orlando, especially for the size we need (home) and our pets. I'm afraid of looking for a new place at the moment and locking ourselves in for another year (and having to worry about deposits, fees, pet rules, etc), considering the fact that I may not want to stay with the company I'm with right now (this fact also put a kibosh on our house shopping this fall).

Also, did I mention that I've lived here for 2 and 1/2 years and never met her face to face? She's not a hands-on kinda gal for sure. She owns a restaurant on Park Ave and knows dick about the home and how it operates (heat, etc). It's obvious she's just using the place as a real estate op or alternate source of income.

Additionally, the weekend we moved in (record breaking temps at the end of July) in '05, the AC and refrigerator were both broken. After a 20 hour drive in a U-Haul...
post #17 of 17
As much as it sucks, if you're getting a good deal and you think it would be hard to get anything else like what you have, then just suck it up and call the extra $200 an unfortunate loss. It blows, but it beats getting into a position where you have to find a more expensive place that doesn't have the accomodations you want. (Though that AC bill would make my head explode.)
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